Ref : E&R/Darsh/Press/2005/JSD

Forum Directs Travel Agent to Pay Refund

The Consumer Disputes Redressal Forum, Ahmedabad City, has ordered Vipul Patel of Bharat Darshan, Royal Family and Couple Tour Organiser to pay Rs. 10,125 with 9 per cent interest, Rs. 2,000 for mental agony and Rs.2,000 towards cost to Dineshchandra Swaminarayan.

Vipul had refused to refund the money he had collected from Dineshchandra after cancelling a scheduled tour. Consumer Education and Research Society (CERS) and Dineshchandra Swaminarayan filed a complaint in the Forum.

Bharat Darshan had advertised in the newspapers a tour of the Badrinath-Kedarnath-Gangotri-Jamnotri Chardham Special Yatra.

Seeing the advertisements, Dineshchandra had booked two tickets by paying on 25 April 2004 an advance of Rs. 2000 for the 17-day yatra, costing Rs. 20,500 for him and his wife. He preferred to go on 18 May 2004.

On 3 May 2004, Bharat Darshan asked Dineshchandra on phone to pay half of the tour cost for hotel booking, reservation, tickets and other formalities. He paid Rs. 8,125 on 5 May. But on 9 May, Bharat Darshan informed Dineshchandra that the tour from 18 May had been cancelled for lack of adequate passengers. Since, no other dates were convenient to him, Dineshchandra asked Bharat Darshan to refund the amount. Vipul initially promised to return it in two days but failed to do so for about four months. Dineshchandra’s visits and letters to the tour operator failed to yield results. Finally, he approached CERS for help. CERS wrote to Bharat Darshan and on 13 September 2004, issued a legal notice to Vipul.

The terms and conditions of the travel agency state that if a tour is cancelled by the travel agency, the member will get the refund. The tour operator making false promises and not refunding the amount becomes accountable for deficiency in services, CERS stated in the legal notice.

CERS and Dineshchandra filed a complaint with the District Consumer Disputes Redressal Forum. The travel agent was served with a summons. He neither appeared nor filed any reply to the Forum which decided the case ex parte.

Date : 03/06/2005
Place : Ahmedabad

Pritee Shah
Editor
INSIGHT - The Consumer Magazine